REVIEW OF THE HGC&R ACT

April 2004

S 105

  • The exclusions under 105 (2) should be re-examined with a view to deciding whether the Process industry should be deleted from the exceptions.
  • Consideration should given as to whether professional negligence cases should be added to the exceptions.

S106

  • Is it appropriate that residential occupiers should be excluded from the benefits of the Act.

S 107

  • The definition of 'evidenced in writing' should be examined in light of recent Court of Appeal judgements, which appear to be too restrictive.

S108

  • Should disputes arising 'under the contract' come within the adjudicator's jurisdiction?
  • Should adjudicators be given power to rule on their own jurisdiction?
  • Should parties be prohibited from agreeing in their contract how the adjudicator's fees are to be paid in any event?
  • Should the adjudicator be permitted to award parties' costs?
  • Should parties be prohibited from agreeing in their contract how parties are to be paid?
  • Should the parties indemnify the adjudicator against actions by third parties?
  • Should a provision giving the adjudicator a lien on the Decision similar to s56 of the Arbitration Act 1996 be included in the Act?
  • Should the courts be required to enforce the decision in any event, if not for what reasons?

S111

  • Whether any sum applied for by way of instalment payment should become the sum due in the absence of an effective withholding notice.
  • Are the words 'sum due' the correct test in s111(1) for when a withholding notice is necessary.

S113

  • Should pay-when-certified clauses be prohibited?